California Probate Code 8544 – (a) Except to the extent the order appointing a special …
(a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court:
(1) Take possession of all of the real and personal property of the estate of the decedent and preserve it from damage, waste, and injury.
Terms Used In California Probate Code 8544
- Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
California Probate Code 9000
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- interested person: includes any of the following:
California Probate Code 48
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
- Trust: includes the following:
California Probate Code 82
(2) Collect all claims, rents, and other income belonging to the estate.
(3) Commence and maintain or defend suits and other legal proceedings.
(4) Sell perishable property.
(b) Except to the extent the order prescribes terms, the special administrator has the power to do all of the following on order of the court:
(1) Borrow money, or lease, mortgage, or execute a deed of trust on real property, in the same manner as an administrator.
(2) Pay the interest due or all or any part of an obligation secured by a mortgage, lien, or deed of trust on property in the estate, where there is danger that the holder of the security may enforce or foreclose on the obligation and the property exceeds in value the amount of the obligation. This power may be ordered only on petition of the special administrator or any interested person, with any notice that the court deems proper, and shall remain in effect until appointment of a successor personal representative. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover the future interest unless and until for good cause set aside or modified by the court in the same manner as for the original order.
(3) Exercise other powers that are conferred by order of the court.
(c) Except where the powers, duties, and obligations of a general personal representative are granted under Section 8545, the special administrator is not a proper party to an action on a claim against the decedent.
(d) A special administrator appointed to perform a particular act has no duty to take any other action to protect the estate.
(Enacted by Stats. 1990, Ch. 79.)